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Hey, My initial OPT ended on June 16, 2016. I have applied for an extension, but that was denied on Aug 30, 2016. The reason they have mentioned for my denial, is that I did not respond to the RFE in the given time, whereas I did not receive any RFE. My H1B application was picked in lottery, which means, ,my status was changed to cap gap. Unfortunately my H1 B was also denied on Sept 12, 2016. But I have heard that cap- cap is valid till Sept 30. Will my SEVIS be active till sept 30, or will it be completed as my H1 B was denied on Sep 12. Also note that I havent applied for a CAP-GAP I-20 in school. Please Advice.
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Check with your DSO on the SEVIS status , additionally fmjfee.com would say your sevis statusComment
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You are not covered by Cap Gap anymore. When the H-1B was denied, your 60-day grace period started (https://www.uscis.gov/working-united...ap-regulations).Originally posted by Nalan View Post
If your OPT Extension was denied solely based on the fact that you didn’t respond to an RFE that you didn’t receive, file the Motion to Reopen with USCIS arguing you never received an RFE from USCIS. You may want to get the assistance of an attorney.Comment
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Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...64103223607042 21st Sept - Please review comments from other usersComment
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you will not be covered under capgap as your h1 denied open MTR and now a days MTR are working hire an attorney and do proper documentation showing all the proofComment
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Cap gap is only active until you get the decision on your H1b application. If its denied then your cap gap ends, if its approved, the cap gap continues. You should contact your DSO asap as you might me out of status.Comment
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Even if you cap gap is denied you will have 60 days after the decision is made... Talk to your dso and see what can be done... Good luckComment
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U have grace period after end date of u r cap gap ( in u r case sep 30 2016 + 60 days ) .. check with your dso ..Comment
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Grace period is calculated from date of denial ! Enroll before Nov 11 !Comment
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As of what I see you are already out of status from September 12 . Leave now or consult an immigration attorney who deals with opt cases ASAP. Even if you apply for mtr through attorney it usually takes around 2-3months of processing time & it's highly advised not be out of status for more than 60 days .Comment
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In CAP-GAP situation , You have grace period of 60 days from date of denial of H1B to depart the United States ! DSO can initiate transfer to another school and the transfer should complete within grace period . Generally If your SEVIS is completed , DSO will inform you through e-mail . If that din't happen , you are good to enroll . Good luck !Comment
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